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Such a demand clearly exceeds the limit of reasonable compensation, and our laws and social morality will not support it.
Everyone will have a subjective criterion for the value of things, for example, I think the first renminbi I earned in my life, although the face value is 100 yuan, but it is worth a thousand gold. I will keep this note safe, and if I lose it, I will feel more sad than if I lost 10,000 yuan. This is my subjective assessment of the value of this money, which far exceeds its objective value.
However, when the law assesses losses, it can only compensate according to the objective value. To give an inappropriate example, if the thief who stole me for a hundred dollars, he wants to return the stolen goods, how much does he need to pay me? Of course, it's still a hundred.
I can't say that I subjectively think that this money is worth 10,000 yuan, so I ask the whole world to understand me and ask the thief to pay me 10,000 yuan.
Obviously, in this case, the reasoning is similar, the other party only subjectively believes that the bicycle with the replaced handlebar sleeve loses its integrity, and thus leads to a reduction in subjective value. Objectively, as a replaceable part of the bicycle, replacing a handlebar will not lead to a decrease in the value of the bicycle. So you can completely refuse to lose money again.
As for saying that the other party has been making trouble, if it affects your normal life, it is recommended to call the police to solve it.
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As long as it is available and handy, it will not ask for compensation. If the difficulty of adapting is not easy, then it must be compensated, which is reasonable.
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This person is obviously deliberately blackmailing, just a trick, and it is not okay to compensate for the origin, such a person is really hateful, but if the bicycle is not expensive, you can compensate her, but there must be depreciation This cannot forgive her.
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Absolutely. But this kind of thing is a civil lawsuit. If he doesn't sue you in court, then no one has the right to claim compensation from you. Even the police station doesn't have any rights.
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If no actual loss has been caused, there is no obligation to compensate.
As for saying that I can't stand this kind of thing on the bicycle, I don't have to worry so much about it. If the other party asks for moral damages, then let him produce evidence of moral damages.
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When this kind of thing happens, buy a new one and compensate him, there is no need to worry about him, because you use it and cause it to break, keep the old one for your own use, and don't have anything to do with him in the future, think you're unlucky.
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If this is a thing that is not valuable. Generally, valuable things that do not need to be compensated must be compensated.
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Legal Analysis: Case-by-case analysis. If the goods are damaged in the shopping mall, after compensation according to the price, the goods are yes, and they have the right to take away the bad ones. This is because it is a commodity in the first place, and compensation is equivalent to buying.
And if you break someone else's things and compensate for them, you have the right to take away the old one, this is not certain. Because it is not a commodity in the first place, it is an item that someone else is using, and the ownership is in someone else's. Whether to give the old one or not is up to its owner to decide according to the situation, and if he does not agree to give it, he has no right to take it.
Because what is given is only compensation, people are not meant to sell, and even no matter how much money is given, people will never buy it.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
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If you buy something that has deteriorated and belongs to the food, you can ask for compensation of ten times the price or three times the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. According to the Food Safety Law of the People's Republic of China, if a consumer suffers damage due to food that does not meet food safety standards, he or she can claim compensation from the operator or the producer.
Food Safety Law of the People's Republic of China
Article 148.
If a consumer suffers damage due to food that does not meet food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck;
If it is the responsibility of the producer, the operator has the right to recover from the producer after compensation;
If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.
If a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation from the producer or operator for ten times the price or three times the loss;
Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are no exceptions to the defects on the labels and instructions of the food that do not affect food safety and do not mislead the person who collects the food price.
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If you buy something that has deteriorated and belongs to food, you can demand compensation of ten times the price or three times the loss; If the amount of compensation is increased by less than 1,000 RMB, it is 1,000 RMB. According to the Food Safety Law of the People's Republic of China, if a consumer suffers damage due to food that does not meet the food safety standards, he or she can claim compensation from the operator or the producer.
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First of all, negotiate with the other party, if the negotiation cannot reach an agreement, it is not the original price compensation, but according to the market price at the time of the case, compensation, if the compensation is all this compensation is not recorded in the loss of compensation according to the new price, after the compensation, if the thing is not specific, then the item belongs to the indemnifier, if the thing is specific, the ownership of the original item belongs to the indemnified person. If the parties are not sure or agreed, a third party is invited to intervene.
The following conditions must be met for a prosecution:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
2. There is a clear defendant;
3. There are specific litigation claims, facts and reasons;
4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Legal basisArticle 1182 of the Civil Code of the People's Republic of China.
Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
Article 1184.
Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
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According to the provisions of the Tort Liability Law, if someone else is compensated in full, the damaged thing can be given to him, because the total loss or full value of your item has been compensated. You have nothing to lose, so he can ask you to deliver the damaged items to him.
Article 19: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other methods at the time of the loss.
Article 20: Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party; Where it is difficult to determine the losses of the infringed party, and the infringer obtains a struggle for benefits as a result, compensation shall be made in accordance with the benefits obtained; Where it is difficult to determine the benefits obtained by the infringer, and the infringed party and the infringer negotiate on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
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Summary. Hello dear <>
We're happy to answer your <>
No, you don't. If someone else breaks your stuff while using it, he should bear the cost of repairing or replacing it, but you don't need to give it to him.
Someone has broken your things, do you need to give them after compensation?
Hello, let me ask what this plea means.
Kiss your rebate Nadou <>
We're happy to answer your <>
No, you don't. If someone else breaks something while using it, he should bear the cost of repairing or replacing it, but you don't need to give it to him.
It's all over for him.
If your belongings are damaged by someone else, then according to the law, you should be liable for compensation to the fierce party. Compensation can be in the form of repairs, replacement of the branches, or the amount of compensation. Whichever way you choose, you don't need to give things to the other person.
Because the Hidden Shed is your property, you have the right to decide where it goes. The other party only needs to be liable for damages, not own your stuff.
Doesn't he give things to do?
I'm out at full price.
It's just that the full price is paid, don't you give things to the east?
If the other person asks to take your things, you can refuse. Because your stuff is your property, the other party has no right to forcibly take it.
If the cheater has already compensated you for your losses at full price, then you should give the other party something to you. Xinghong, because at this time, the other party's divination book has fully compensated you for your losses, and you no longer have the right to claim this thing. Legally, if the other party has compensated you for the loss in full, you should return the item.
Legally, if the other party has compensated you for your losses in full, then you should give the thing to the other party. Because at this time, the other party has fully fulfilled the liability for compensation, and you have the right to keep this thing without delay. Grinding Dan Fight.
The full price is accompanied, what if you don't give it back.
If you refuse to return the goods, the other party can file a lawsuit in court to enforce the judgment for restitution. Therefore, if the dismantling party has compensated you for the loss in full, you should comply with the law and return the item.
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Summary. Hello dear, I'm glad to answer for you Someone broke my things, you can ask him to compensate you for a new one. The premise is that the broken thing cannot be used.
Dear, you call for good, I'm glad to answer for you Someone broke my things, you can ask him to compensate you for a new one. The front finch chain slip is a thing that is damaged and cannot be used.
Legal Analysis: If someone breaks your belongings, you can ask him to compensate you for a new mu of regret if you can't continue to use it. If he does not compensate, you can call the police, which is considered intentional damage to other people's property.
If Xunzhen is able to meet the use of the brigade type after repair, it is not necessary to ask the other party to compensate for the new one.
Legal basis: Article 1182 of the Civil Code of the People's Republic of China: Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
How can I compensate for it, because this thing can only be purchased from other owners, but it is second-hand, not brand new.
If you kiss, you will be compensated according to the price.
The selling price at the time of purchase is still the current market price.
The price is based on the current market price.
Glasses, glasses, glasses! Ahhh Thinking day and night about what I did that day, what are my glasses in**, my mother has to sell 800 catties of bananas to earn it back, very guilty, very sad, and very uncomfortable.
In the evening, I will invite you to eat six yuan of spicy tang.
It's normal to mind, but if the woman has gone deep into his soul, even if you throw away the watch, wallet and other things left by your ex-girlfriend, it won't help, but it will reflect your jealousy and narrow-mindedness, which will make him care more about the ex. So, you have to be smart, let him go first, and then you slowly occupy his heart, maybe he will find it boring to do this again, and he will naturally take the initiative to dispose of these things. Sometimes I really feel that such a person is very pitiful, obviously it's impossible, and he has a current girlfriend, and he still doesn't let go of the past, but he probably can't even lose his current one.
Xiu Jiekai, born in Taiwan on March 6, 1983, is a Taiwanese actor. <> >>>More
Chen Dexiu also acted in "The Ultimate Family".